European Communities (Efficiency Requirements For New Hot Water Boilers Fired With Liquid Or Gaseous Fuels) Regulations, 1994

• Jurisdiction: Ireland
• Citation: IR SI 260/1994
• Year: 1994

S.I. No. 260 of 1994.
EUROPEAN COMMUNITIES (EFFICIENCY REQUIREMENTS FOR NEW HOT WATER BOILERS FIRED WITH LIQUID OR GASEOUS FUELS) REGULATIONS, 1994.
I, BRIAN COWEN, Minister for Transport, Energy and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 92/42/EEC of 21 May, 1992(1), hereby make the following Regulations:
(1) OJ No. L 167, 22.6.92, P.17.
	1 Citation and Commencement.	1. These Regulations may be cited as the European Communities (efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels) Regulations, 1994, and shall come into operation on 1st day of August, 1994.
	2 Interpretation.	2. (1) In these Regulations:
"appliance" means a boiler body designed to have a burner fitted or a burner designed to be fitted to a boiler body;
"applicable national standard" means a national standard of any Member State incorporating the harmonised standards whose reference numbers have been published in the Official Journal of the European Communities;
"appropriate fee" means the fee referred to in Regulation 7;
"approved type" means a type of boiler which is representative of a boiler which is to be produced in a series and which has been approved by a notified body after carrying out an EC type-examination in respect of the boiler;
"authorised officer" has the meaning assigned to it by Regulation 17;
"average temperature of the boiler water" means the average of the water temperatures at the entry and exit of the boiler;
"back boiler" means a boiler designed to supply a central-heating system and to be installed in a fireplace recess as part of a back boiler/gas fire combination;
"boiler" means a combined boiler body-burner unit, designed to transmit to water the heat released from burning;
"boiler to be installed in the living space" means a boiler with an effective rated output of less than 37 kW, designed to provide heat to the part of the living space in which it is installed by means of the emission of heat from the casing having an open expansion chamber, supplying hot water using gravity circulation; such boilers shall bear on their casings the explicit indication that they must be installed in living spaces;
"the Commission" means the Commission of the European Communities;
"the Directive" means Council Directive 92/42/EEC of 21 May 1992(1) on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels;
(1) O.J No. L 167, 22.6.92, P.17.
"EC" mark" means the conformity mark specified in Paragraph 1 of Annex I of the Directive;
"the efficiency requirements" has the meaning referred to in Regulation 5;
"gas condensing boiler" means a boiler designed to condense permanently a large part of the water vapour contained in the combustion gases;
"gaseous fuel" means any fuel which is in a gaseous state at a temperature of 15 degrees Celsius under a pressure of 1 bar;
"low-temperature boiler" means a boiler which can work continuously with a water supply temperature of 35 to 40 degrees Celsius, possibly producing condensation in certain circumstances, including condensing boilers using liquid fuel;
"Member State" means a Member State of the European Communities;
"the Minister" means the Minister for Transport, Energy and Communications;
"notified body" means—
( a ) a notified body in the State, or
( b ) a body appointed by a Member State (other than the State) to exercise the functions, specified in the Directive, of a notified body referred to in Article 8 of and Annex V to the Directive;
"notified body in the State" shall be construed in accordance with Regulation 6 (1);
"part-load," which is expressed in percentage terms, means the ratio between the output of a boiler operating intermittently or at an output lower than the rated output and the same rated output;
"place on the market" means supply, sell, offer for sale, expose for sale or have in possession for sale, or place on the market under a rental agreement, lease agreement, hire purchase agreement or any other type of agreement;
"put into service" means install as part of, or connect into, a heating installation;
"rated output" expressed in kW means the maximum calorfic output laid down and guaranteed by the manufacturer as being deliverable during continuous operation while complying with the useful efficiency indicated by the manufacturer;
"standard boiler" means a boiler for which the average water temperature can be restricted by design;
"useful efficiency" means the ratio, expressed in percentage terms, between the heat output transmitted to the boiler water and the product of the net calorific value at constant fuel pressure and the consumption expressed as a quantity of fuel per unit time;
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
(3) In these Regulations:
( a ) a reference to a Regulation is to a Regulation of these Regulations;
( b ) a reference to a paragraph is to the paragraph of the Regulation in which the reference occurs.
	3 Application of Regulations.	3. (1) These Regulations shall apply to boilers or appliances fired by liquid or gaseous fuels with a rated output of no less than 4 kW and no more than 400 kW to which the Directive applies.
(2) These Regulations shall not apply to those boilers, equipment or appliances exempted by Article 3 (1) of the Directive.
(3) In the case of boilers with the dual function as defined in Article 3 (2) of the Directive, these Regulations shall apply to the heating function only.
(4) These Regulations shall not apply until 31 December, 1997, to the placing on the market and putting into service of boilers which comply with any Irish Standard which was in force on or before 21 May, 1992, and relates to the energy efficiency of hot-water boilers fired with liquid or gaseous fuels.
	4 Obligations on Suppliers and Installers of Boilers.	4. (1) A person shall not, on or after the 1st day of August, 1994, place on the market or put into service a new boiler unless it satisfies the efficiency requirements applicable to it as set out in Regulation 5.
(2) Without prejudice to the provisions of paragraph (1), a person may place on the market or put into service a back boiler or a boiler to be installed in a living space, provided that their useful efficiency both at rated output and at 30 per cent part load is not more than 4 per cent below the requirements applicable to standard boilers as set out in Regulation 5.
	5 Useful Efficiency Requirements	5. (1) Boilers shall comply with the useful efficiency requirements set out in the Table to paragraph (2) at both:
( a ) rated output, i.e. operating at rated output Pn expressed in kW, at an average boiler-water temperature of 70 degrees Celsius, and
( b ) a part load, i.e. operating at 30 per cent part load, at an average boiler-water temperature which varies as shown in column (4) of the Table according to the category of boiler specified in column (1) of the Table.
(2) The useful efficiency requirements to be complied with by the category of boiler specified in Column (1) of the Table to this paragraph at a reference number shall be both requirements set out in columns (3) and (4) opposite that reference number.
1. 2. 3. 4. Category of boiler Range of power output Efficiency of rated output Efficiency of part load kW Average boiler-water temperature (in °C) Efficiency requirement expressed (in %) Average boiler-water temperature (in °C) Efficiency requirement expressed(in %) 1. Standard Boilers 4 to 400 70 5 >84+2 logPn >50 3 >80+3 logPn 2. Low Temperature boilers (*) 4 to 400 70 >87.5+1.5 logPn 40 >87.5+1.5 LogPn 3. Gas condensing boilers 4 to 400 70 >91+1 logPn 30(**) >97+1 logPn
(*) Including condensing boilers using liquid fuels
(**) Temperature of boiler water-supply
In the above Schedule
">" means "equal to or greater than"
"Pn" means the rated output expressed in kW (kilowatts)
"log" means logarithm to the base 10
(3) Any boiler which complies with the applicable national standard within the meaning of these regulations or with an approved type for which an EC type-examination certificate has been issued by a notified body shall be deemed to be in conformity with the essential efficiency requirements stipulated in paragraph (1) and such boiler must bear the EC mark and be accompanied by an EC declaration of conformity.
	6 Appointment of Notified Bodies in the State	6. (1) The Minister may appoint one or more persons to exercise in the State (whether individually or, where more than one person is so appointed and the Minister so directs, together with one or more of the other persons so appointed) the functions, specified in the Directive, of bodies referred to as "notified bodies" in Article 8 of and Annex V to the Directive.
(2) References in these Regulations to a notified body in the State shall be construed as references to each person so appointed or, as the case may be, to such of the persons so appointed as are subject to the specified direction.
(3) In making an appointment under paragraph (1), the Minister shall take into acount the minimum criteria set out in Annex V to the Directive regarding the approval of notified bodies for the efficient and proper functioning of a notified body in the State and the Minister may, in making such an appointment, attach, from time to time, such conditions...